1. Heard Mr. D.N. Gupta learned counsel for appellant and Mr. Ravinder Sharina advocate and respondents.

2. Admit. Mr. Sharma takes notice on behalf of respondents. With the consent of learned counsel for the parties the appeal in hand is taken up for final disposal.

This appeal is directed against the order of learned District Judge Kathua dated 21-8-2001 passed in file no II/application titled as M/S Kashmir Lion Industries versus Punjab National Bank.

The incontrovertable facts leading up to this appeal are that an exparte decree for recovery of loan amount came to be recorded by the learned Sub-Judge on 31-3-1998 in civil original suit titled as above. On 1st of June 99 the appellant defendant came to approach the trail court through the medium of an application with the prayer for setting aside the side exparte decree and judgment recorded by the court on the ground that the appellant defendant had engaged Mr. Dushyant Jandial Advocate as his counsel in the said civil original suit pending decision before (he trial court who had assured the appellant defendant that he shall be kept informed by him about the progress of the case. That during the said period the appellant defendant

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